39
13-47-101. Title.
40
This chapter is known as the "Private Employer Verification Act."
41
Section 2.
Section
13-47-102
is enacted to read:
42
13-47-102. Definitions.
43
As used in this chapter:
44
(1) "Department" means the Department of Commerce.
45
(2) "Employee" means an individual:
46
(a) who is hired to perform services in Utah; and
47
(b) to whom a private employer provides a federal form required for federal taxation
48
purposes to report income paid to the individual for the services performed.
49
(3) (a) Except as provided in Subsection (3)(b), "private employer" means a person
50
who for federal taxation purposes is required to provide a federal form:
51
(i) to an individual who performs services for the person in Utah; and
52
(ii) to report income paid to the individual who performs the services.
53
(b) "Private employer" does not mean a public employer as defined in Section
54
63G-11-103
.
55
(4) (a) "Status verification system" means an electronic system operated by the federal
56
government, through which an employer may inquire to verify the federal legal working status
57
of an individual who is a newly hired employee.

58
(b) "Status verification system" includes:
59
(i) the electronic verification of the work authorization program of the Illegal
60
Immigration Reform and Immigration Responsibility Act of 1996, 8 U.S.C. Sec. 1324a;
61
(ii) a federal program equivalent to the program described in Subsection (4)(b)(i) that
62
is designated by the United States Department of Homeland Security or other federal agency
63
authorized to verify the employment eligibility status of a newly hired employee pursuant to
64
the Immigration Reform and Control Act of 1986;
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(iii) the Social Security Number Verification Service or similar online verification
66
process implemented by the United States Social Security Administration; or
67
(iv) an independent third-party system with an equal or higher degree of reliability as
68
the programs, systems, or processes described in Subsection (4)(b)(i), (ii), or (iii).
69
Section 3.
Section
13-47-103
is enacted to read:
70
13-47-103. Scope of chapter.
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A private employer shall comply with this chapter, and this chapter shall be enforced
72
without regard to race, color, national origin, gender, religion, age, disability, familial status,
73
or source of income.
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Section 4.
Section
13-47-201
is enacted to read:
75

Part 2. Verification by Private Employer

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13-47-201. Verification required for new hires.
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(1) A private employer who employs 15 or more employees as of July 1, 2010, may
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not hire a new employee on or after July 1, 2010, unless the private employer:
79
(a) is registered with a status verification system to verify the federal legal working
80
status of any new employee; and
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(b) uses the status verification system to verify the federal legal working status of the
82
new employee in accordance with the requirements of the status verification system.
83
(2) This section does not apply to a private employer of a foreign national if the
84
foreign national holds a visa issued in response to a petition by the private employer that is
85
classified as H-2A or H-2B.

86
Section 5.
Section
13-47-202
is enacted to read:
87
13-47-202. Liability protections.
88
(1) A private employer may not be held civilly liable under state law in a cause of
89
action for the private employer's unlawful hiring of an unauthorized alien, as defined in 8
90
U.S.C. Sec. 1324a, if:
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(a) the private employer complies with Section
13-47-201
; and
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(b) the information obtained in accordance with the status verification system
93
indicated that the employee's federal legal status allowed the private employer to hire the
94
employee.
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(2) A private employer may not be held civilly liable under state law in a cause of
96
action for the private employer's refusal to hire an individual if:
97
(a) the private employer complies with Section
13-47-201
; and
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(b) the information obtained in accordance with the status system verification
99
indicated that the individual's federal legal status was that of an unauthorized alien as defined
100
in 8 U.S.C. Sec. 1324a.
101
Section 6.
Section
13-47-203
is enacted to read:
102
13-47-203. Voluntary registration by private employer certifying participation in
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verification.
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(1) (a) A private employer may register with the department certifying that the private
105
employer is in compliance with Section
13-47-201
.
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(b) A private employer may register with the department under this section regardless
107
of whether the private employer is required to comply with Section
13-47-201
.
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(2) To register or renew a registration with the department under this part, a private
109
employer shall:
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(a) file a registration statement with the department that certifies compliance with
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Section
13-47-201
; and
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(b) pay a fee established by the department in accordance Section
63J-1-504
that
113
reflects the cost of registering employers under this section and publishing the list described in

114
Section
13-47-204
.
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(3) A registration under this part expires every two years on the anniversary of the day
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on which the registration is filed with the department.
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(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
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the department may make rules to provide for:
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(a) the form of a registration statement under this section;
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(b) the process of filing a registration statement under this section; and
121
(c) the process of renewing a registration statement under this section.
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Section 7.
Section
13-47-204
is enacted to read:
123
13-47-204. Department to publish list of registered private employers.
124
On and after July 1, 2010, the department shall publish electronically a list of private
125
employers who register under Section
13-47-203
on a website accessible to the general public
126
without a charge.